Rehabilitation on catastrophic injury cases should work for both claimants and defendants, subject of course to liability attaching to the defendant or being likely to attach. At the outset of a serious injury case, claimants generally have two short-term priorities:
When Sarah’s mother was in labour, the hospital staff failed to pick up on what should have been worrying signals coming from the CTG monitor. After experiencing lack of oxygen at birth, Sarah* was diagnosed with mild athetoid cerebral palsy as a baby. By age five she had vision problems and required occasional use of a wheelchair. She could finger feed, although it was somewhat clumsy and her parents had to help her at mealtimes. Liquids also had to be thickened to make drinking easier. Her manual dexterity was poor and she was susceptible to chest infections. The hospital Trust denied liability for Sarah’s injury and so a protracted liability trial followed.
Neurologic Music Therapy (NMT) provides specific, individualised and standardised interventions for people with brain injury or neurological conditions. It is distinct from traditional music therapy approaches as it is not based on a social-science model. Rather, it is underpinned by neuroscience and recognises music as a hard-wired brain language. The discipline of NMT improves cognitive, sensory and motor dysfunction caused by neurologic disease of the human nervous system; and is becoming increasingly relied upon to deliver better neuro-rehab outcomes.
If an individual suffers an injury on the road through the negligence of a driver, they will recover compensation.
This is because of the provisions within Section 143 of the Road Traffic Act 1988.
Even if there was no insurance attaching to the vehicle, the Motor Insurers’ Bureau would satisfy any unsatisfied Judgment. But there are numerous cases in which insurers in road traffic accident cases have tried a variety of methods to avoid liability including seeking a statutory declaration, asserting that the insurance policy is only relevant if the policyholder was driving or in the vehicle, and stating that the use of the vehicle was different to that which was insured.Arguably the biggest difference has been felt by people who would otherwise find talking with others hugely challenging; including those with certain disabilities and/or social difficulties. But the internet can be a dark place with illegal material readily accessible. Internet abuse is common place and can take many forms including bullying, sexual grooming and personal identity theft. In the recently reported case of Re A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP2), the Court of Protection sets out the information P must be able to understand, retain, use and weigh up to have capacity to access the internet and social media safely.
It was encouraging to see the blue badge scheme for disabled parkers being extended last week. For the first time, people with hidden disabilities such as dementia and anxiety disorders, can qualify for the parking permit scheme, the government has confirmed. This positive news was tempered by a separate report which suggests councils are not prepared for the increase in blue badge holders.
Acquired brain injury (ABI) is the most common cause of injury in childhood and affects 18 in every 100,000 children in England (NHS England, 2013). This includes both traumatic brain injury (e.g. road traffic accident) and non-traumatic brain injury (e.g. tumour, stroke, infection). As the brain continues to develop until the late 20s, the impact of an ABI is considered to be a developing condition, rather than confined to the single physical injury.
“I had one dreadful experience when I came back into Heathrow Terminal 4 and my wheelchair was not brought up to the door,” recalls Anne Luttman-Johnson. “I refused to get off the plane until I knew that my wheelchair had arrived, and was in one piece. “They brought me a wheelchair that I couldn't push myself in. It had little wheels and I had to be pushed through the airport. It was the most undignified, humiliating experience. I hated it.” Anne has used a wheelchair for more than 30 years, having broken her back at age 21.
NRT: What does your job involve? CP: Our team deals exclusively with claims on behalf of people who are injured somewhere other than in their home country. We predominantly represent English people who are injured on holiday or working abroad, but sometimes we represent claimants from other countries injured here in England and Wales. We deal with cross-border litigation, where we often have to consider whether a different country’s laws might apply or govern the claim. Sometimes there’s a choice as to where you bring the claim, and there are often arguments about which law will determine how much compensation a claimant can expect to receive.
A recent report published by Neurological Alliance member charity Sue Ryder revealed that more than 15,000 people in England with complex neurological conditions such as head injury, motor neurone disease, MS, Parkinson’s disease and Huntington’s disease, are living in old people’s nursing homes.This is shocking news and yet another case of the UK’s ‘postcode lottery’ in which access to health services and medical treatments is determined by the area of the country in which individuals live. Is it not ethically wrong to hide an articulate young person with motor neurone disease trapped in a dying body or a middle-aged man with a brain injury acquired in a road traffic accident in a setting inappropriate to their age and without a care plan or rehabilitation prescription?
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